Town of Bloomsburg, PA
Columbia County
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[Ord. 759, 3/8/1993, § 401]
Whenever a subdivision of land or land development is desired to be effected in the Town of Bloomsburg, Columbia County, Pennsylvania, a plat of the layout of such subdivision or land development shall be prepared, filed and processed according to the requirements of this Chapter.
[Ord. 759, 3/8/1993, § 402]
1. 
Prior to the filing of a major subdivision or land development plat for review and approval, the applicant may be required to submit a sketch plan to the Planning Commission, as part of the planning process, for advice on the requirements necessary to achieve conformity with the standards of this and other applicable municipal ordinances, as well as, to alert the applicant to other factors which must be considered in the design of the subdivision or land development. It is also recommended that sketch plans of minor plats be submitted to the Planning Commission for preliminary advice and comment.
2. 
The plan shall be clearly labeled "sketch plan" and should include sufficient information to clearly indicate the character and extent of the proposed subdivision or land development and its relationship to existing conditions and facilities within the area in which it is to be located. It is recommended that sketch plan submissions include the following:
A. 
A map covering sufficient area to establish the location of the site.
B. 
An informal plan of any existing or proposed streets, buildings, lot arrangement, utilities, significant natural features and other elements within the subdivision or land development including topographic contours.
3. 
Prior to the preparation of any plans, the applicant should consult with the Columbia County Conservation District concerning the preparation of plans for stormwater management and erosion and sedimentation control.
4. 
If the site is located within an area planned or currently receiving public water and/or sanitary sewer services, the applicant shall consult with the appropriate authority/utility.
5. 
At this stage, the Commission shall assist the applicant in determining whether or not the site is located in an identified flood hazard area, in which case compliance with applicable floodplain management provisions shall be required.
6. 
If it is known that the parcels being created will be used for development requiring a special permit, or for development that is considered dangerous to human life, prospective developers should check the provisions contained in the Bloomsburg Floodplain Management Ordinance [Chapter 8], as amended, which pertain specifically to such development.
[Ord. 759, 3/8/1993, § 403; as amended by Ord. 841, 12/19/2001]
1. 
Where five or fewer lots are proposed to be subdivided from a tract of land or where land is being transferred to be combined with an existing lot, the Town Council, being advised by the Planning Commission, in response to a written request by the applicant, may waive the requirements of preliminary plat requirements; provided, such proposal is on an existing street and no new streets are involved. In such cases the applicant shall submit a final plat as follows:
A. 
The final plat shall be submitted and processed as required by § 22-404(C), "Final Plats; Procedure," and contain the following data and plat specifications:
(1) 
If applicable, submit a stormwater management/erosion and sedimentation control plan as required by the "Pennsylvania Clean Streams Law," and the Pennsylvania Department of Environmental Protection "Erosion Control Rules and Regulations: (Title 25, PART I, Subpart C, Article II, Chapter 102-Erosion Control). The plan content shall be prepared in accordance with applicable provisions.
(2) 
Eleven copies and one reproducible sepia (or other reproducible material of equal quality) copy of the plat prepared by a registered surveyor or engineer, at a maximum scale of one inch equals 100 feet, on sheets no larger than 24 inches by 36 inches clearly labeled "Final Plat," shall be submitted containing the following information:
(a) 
The development or property name.
(b) 
A location map on the plat (minimum scale one inch equals 1,000 feet showing property location, streets and other pertinent information.
(c) 
Outline of property from which lot(s) are being subdivided, lot area, bearings and distances of lot lines and referenced primary control point.
(d) 
Right-of-way widths, cartway widths and street names and numbers for existing and/or proposed streets, alleys and easements.
(e) 
Existing man-made features.
(f) 
Name of zoning district and building setback lines.
(g) 
Existing contours at vertical intervals of two feet or less as required by the Planning Commission. Where, due to steep slope, two foot contours are not practical, contours shall be at five foot intervals.
(h) 
Location and description of survey monuments shown on the plat.
(i) 
Locations of existing and/or proposed public utilities.
(j) 
Existing natural features, such as watercourses, wetlands, marshes, rock outcrops and wooded areas.
(k) 
Affected property deed reference, including book and page number.
(l) 
Adjacent landowner names.
(m) 
Reference to recorded subdivision plats of adjoining platted land and by record name, date and number.
(n) 
Name, address and telephone number of owner or applicant.
(o) 
Name, address and telephone number and seal of professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey (as defined herein). (Example provided in Exhibit I.)
(p) 
Date of plat preparation.
(q) 
Municipality where property is located.
(r) 
North point and scale.
(s) 
Certification of ownership and dedicatory statement signed by owner. (Example provided in Exhibit I.)
(t) 
Notary public and recording statement. (Example provided in Exhibit I.)
(u) 
Approval blocks to be signed by the Planning Commission and the Town Council. (Example provided in Exhibit II.)
(v) 
Proposed protective covenants running with the land, if any.
(w) 
When applicable, a copy of the sewage module for land development or other equivalent documentation approved by the Department of Environmental Protection in compliance with the requirements of the Pennsylvania Sewage Facilities Act and Chapter 71 of Title 25 of the Pennsylvania Code, as amended.
(x) 
When applicable, a statement should be included on plat regarding the presence of wetlands. The statement should note that no development is proposed within wetlands or that the necessary approvals for the disturbance of wetlands have been obtained from the appropriate Federal and State regulating agencies. Disturbance of wetlands shall include, but not be limited to, filling, draining or building activities.
(y) 
Compliance with the Bloomsburg Floodplain Management Ordinance [Chapter 8], as amended, pertaining to applications located in a flood hazard area.
(z) 
Where the proposed subdivision abuts a State highway (Pennsylvania route or United States route), evidence, in writing, from the Pennsylvania Department of Transportation indicating the Department's concurrence with the proposed design for driveway access and drainage required for issuance of the Department's highway occupancy permits. In addition, permit number and date of issuance shall be noted on plat.
(aa) 
Where water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or land development, the applicant shall present evidence to the Planning Commission that the subdivision or land development that potable water is to be adequately supplied by a municipal corporation, authority or utility or a bona fide cooperative association of lot owners. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
(bb) 
Such other data as may be required by the Planning Commission or Town Council in the enforcement of this Chapter.
2. 
After two minor subdivisions have taken place within any given tract, the developer shall be required to submit a preliminary plan for the entire tract, in accordance with § 404 herein, as part of next subsequent application, unless the size, frequency and interrelationships of prior subdivisions clearly do not warrant such.
[Ord. 759, 3/8/1993, § 404; as amended by Ord. 841, 12/19/2001]
Where more than six dwelling units or 10,000 square feet of nonresidential building area are proposed for development, a preliminary and final subdivision and/or land development plats shall be required to be submitted for approval as per the following procedures and specifications:
A. 
preliminary plat; Procedure.
(1) 
The applicant, 14 calendar days prior to the meeting of the Commission at which consideration is desired, shall file with the Assistant Town Administrator, or designee, 10 copies of a complete preliminary plat of the proposed subdivision or land development and other required data and maps. The applicant shall submit concurrently, with the preliminary plat, five copies of the sewage plan revision module for land development, if applicable.
(2) 
The Assistant Town Administrator, or designee, shall submit copies to the County Planning Commission, Town Engineer and/or Consultant and may submit copies to the public utilities, Bloomsburg Area School District, Columbia County Conservation District, Pennsylvania Department of Environmental Protection and other public agencies. The Town Council, upon the recommendation of the Commission shall act on any such preliminary plat not later than 90 days following the date of the regular meeting of the Town Council or the Planning Commission (whichever first reviews the application) following the date the application is filed; provided, that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed. In the event that any alteration of requirements from this Chapter is requested by the applicant or is deemed necessary by the Commission for approval, the alteration and the reason for its necessity shall be entered in the records of the Commission.
(3) 
The Columbia County Planning Commission shall review the preliminary plat and data and shall return one copy of a written report stating their suggestions for modifications and design changes to the Planning Commission within 30 days of their receipt of same or forfeit their right to review.
(4) 
The Town Council shall determine whether the preliminary plat shall be approved or disapproved and shall notify the applicant in writing thereof, including, if approved with conditions or disapproved, a statement of reasons for such action, not later than 15 days following the decision.
(5) 
Before acting on any subdivision plat, the Town Council may hold a public hearing thereon after public notice.
(6) 
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this Chapter.
(7) 
Failure of the Town Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. (A sample "Agreement to Extend the Time for Rendering and Communicating a Decision on Certain Preliminary and/or Final Subdivision Plans" is provided in Exhibit III.)
(8) 
Approval of the preliminary plat constitutes approval of the proposed subdivision or land development with respect to the general design, the approximate dimensions and other planned features. Preliminary approval binds the developer to the general scheme of the plat as approved. Preliminary approval does not authorize the recording, sale or transfer of lots or the installation of improvements.
(9) 
Preliminary approval shall expire within five years after being granted. An extension of time may be requested by the applicant and approved by the Town Council in accordance with § 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Request for extension shall be submitted to the Assistant Town Administrator/or designee 30 days prior to any prevailing expiration date. Extensions may be granted for no more than three one-year periods.
B. 
preliminary plat; Specifications.
(1) 
The following shall be submitted as part of the application for review and approval of a preliminary plat:
(a) 
Eleven copies and one reproducible sepia (or other reproducible material of equal quality) copy of a map or series of maps or sheets not larger than 24 inches by 36 inches drawn to scale not smaller than 100 feet to the inch, unless otherwise specified herein, clearly labeled "preliminary plat," and showing the following:
1) 
In the case where the preliminary plan covers only a portion of the affected tract, a key map at a scale not smaller than 400 feet, showing the entire tract with contours at intervals no less than 20 feet, natural features, proposed street system, abutting streets, names of abutting property owners and location of proposed subdivision/land development.
2) 
The development or property name.
3) 
The owner's or applicant's name, address and telephone number.
4) 
The municipality's name in which the plat is located.
5) 
Name, address, telephone number and seal of the professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey (as defined herein). (Example provided in Exhibit I.)
6) 
North point and scale.
7) 
Certification of ownership and dedicatory statement signed by owner. (Example provided in Exhibit I.)
8) 
Notary public and recording statement. (Example provided in Exhibit I.)
9) 
Approval blocks to be signed by the Planning Commission and the Town Council. (Example provided in Exhibit II.)
10) 
A location map on the plat (minimum scale one inch equals 1,000 feet) showing property location, streets and other pertinent information.
11) 
Existing natural features, such as watercourses, wetlands, marshes, rock outcrops and wooded areas.
12) 
All existing buildings, sanitary and storm sewers, water mains, culverts, fire hydrants and other significant man-made features on or adjacent to the tract.
13) 
Existing contours at vertical intervals of two feet or less as required by the Planning Commission. Where, due to steep slope, two foot contours are not practical, contours shall be at five foot intervals.
14) 
Right-of-way widths, cartway widths and names and numbers for existing and/or proposed streets, alleys and easements.
15) 
The layout of lots showing approximate dimensions, lot numbers and approximate area of each lot.
16) 
Parcels of land intended to be dedicated or reserved for schools, parks, playgrounds, parking areas, common open space or other public, semipublic or community purposes.
17) 
When applicable, a statement should be included on the plat regarding the presence of wetlands. The statement should note that no development is proposed within wetlands or that the necessary approvals for the disturbance of wetlands have been obtained from the appropriate Federal and State regulating agencies. Disturbance of wetlands shall include, but not be limited to, filling, draining or building activities.
18) 
Where the subdivision and/or land development lies partially or completely within any identified floodplain area or district or where such activities border on any identified floodplain area or district, the preliminary plat shall include the following information:
a) 
Location and elevation of proposed roads, utilities and building sites, fills, flood or erosion protection facilities.
b) 
Floodway and one-hundred-year flood elevations.
c) 
Areas subject to special deed restrictions.
All such maps shall show contours at intervals of two or five feet depending upon the slope of the land and identify accurately the boundaries of the identified floodplain areas or districts.
(2) 
The preliminary plat shall be accompanied by the following data and plans:
(a) 
A profile of each street, including grades.
(b) 
Location of existing and proposed utility mains.
(c) 
Location plans of proposed sanitary and/or stormwater sewers and of any proposed water distribution systems.
(d) 
A profile of the proposed sanitary and storm sewers and water lines, with invert elevations and connections to existing systems.
(e) 
Where water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or land development, the applicant shall present evidence to the Planning Commission that the subdivision or land development that potable water is to be adequately supplied by a municipal corporation, authority or utility or a bona fide cooperative association of lot owners. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
(f) 
A preliminary stormwater management/erosion and sedimentation control plan, as required by the "Pennsylvania Clean Streams Law," and the Pennsylvania Department of Environmental Protection "Erosion Control Rules and Regulations" (Title 25, Part I, Subpart C, Article II, Chapter 102 — Erosion Control), together with a report from the Columbia County Conservation District indicating whether a permit for earth moving activity is required from the Department of Environmental Protection under Chapter 102 regulations. The plan content shall be prepared in accordance with the stormwater management/erosion control measures set forth herein.
(g) 
If necessary, a completed sewage plan revision module for land development to comply with the planning requirements of the Pennsylvania Sewage Facilities Act and § 71.16 of Chapter 71 of Title 25 of the Pennsylvania Code for submission by the Town of Bloomsburg to the Department of Environmental Protection.
(h) 
Where the proposed subdivision abuts a State highway (Pennsylvania route or United States route), evidence, in writing, from the Pennsylvania Department of Transportation indicating the Department's concurrence with the proposed design for driveway access and drainage required for issuance of the Department's highway occupancy permits, permit number and date of issuance shall be noted on the plat.
(i) 
Evidence, in writing, where 100 or more dwelling units are proposed in a subdivision or land development, from the Bloomsburg Area School District containing their review and comments for the proposed development.
(j) 
A copy of a report, where deemed necessary by the Town Council or Town Engineer/Consultant, indicating an estimated volume of vehicular traffic movement and the adequacy of the proposed and existing streets and highways to carry the traffic both within and beyond the proposed development including possible solutions to such problems as may be thereby identified.
(k) 
Such other data as may be required by the Planning Commission or Town Council in the enforcement of this Chapter.
C. 
Final Plats; Procedure.
(1) 
The applicant shall, not later than five years after the date of approval of the preliminary plat, for that portion intended to be developed, file with the Assistant Town Administrator, or designee, a final plat. Such filing shall include, as part of the formal submission, all the material and other data required under the final plat specifications as listed in subsection (D) herein. Failure to comply with the time limitation herein provided shall make the approval of the preliminary plat null and void unless an extension of time is granted in accordance with subsection (A)(9) herein.
(2) 
The final plat shall incorporate all the changes and modifications required by the Town Council and shall conform to the approved preliminary plat.
(3) 
One reproducible sepia (or other reproducible material of equal quality) copy of the final plat and 11 prints shall be filed by the applicant with the Assistant Town Administrator, or designee, 14 days prior to the meeting of the Planning Commission at which meeting plat consideration is desired.
(4) 
Before approval of a final plat, the Town Council must be assured of the completion of all required improvements or common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required. Such assurance shall be by means of financial security deposited with the Town Council in sufficient amount to cover the costs of any improvements/common amenities and be in the form of Federal or Commonwealth chartered institution irrevocable letters of credit (Example provided in Exhibit IV) or restrictive or escrow accounts in such lending institutions or any other type of financial security which the Town Council may approve.
(5) 
When requested by the developer, in order to facilitate financing, the Town Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the Town Council, such extension shall not be unreasonably withheld and shall be placed, in writing, at the request of the developer.
(6) 
Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security; provided, such bonding company or lending institution is authorized to conduct such business within the Commonwealth. Such financial security shall provide for, and secure to the public, the completion of any improvements/amenities which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of improvements/amenities. (A sample "Agreement to Establish Security" is provided in Exhibit V.)
(7) 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. The Town Council may annually adjust the amount of the financial security by comparing the actual cost of the improvements/amenities which have been completed and the estimated cost for the completion of the remaining improvements/amenities as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date for completion. Subsequent to said adjustment, Town Council may require the developer to post additional security in order to assure that the financial security equals said 110% Any additional security shall be posted by the developer in accordance with provisions herein.
(8) 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements/amenities, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Town Council, upon the recommendation of the Town Engineer/Consultant, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Town Council and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Town of Bloomsburg and the applicant or developer.
(9) 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements/amenities, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of the financial security or to an amount not exceeding 110% of the cost of completing the required improvements as re-established on or about the expiration of the preceding one-year period by using the above bidding procedure.
(10) 
Where development is projected over a period of years, the Town Council may authorize submission of final plats by sections or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(11) 
As the work of installing the required improvements/amenities proceeds, the party posting the financial security may request the Town Council to release or authorize the release of, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Town Council who shall have 45 days from receipt of such request in which to allow the Town Engineer/Consultant to certify, in writing, to the Town Council that such portion of the work upon the improvements/amenities has been completed in accordance with the approved plat. Upon such certification, the Town Council shall authorize release by the bonding company or lending institution of an amount, as estimated by the Town Engineer/Consultant, fairly representing the value of the improvements/amenities completed. If the Town Council fails to act within the said forty-five-day period, it shall be deemed to have approved the release of funds as requested. The Town Council may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements/amenities.
(12) 
Where the Town Council accepts dedication of all or some of the required improvements following completion, it may require the posting of financial security to secure the structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this Section with regard to installation of such improvements and the amount of such financial security shall not exceed 15% of the actual cost of installation of said improvements.
(13) 
If water mains or sanitary sewer lines or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Town, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this Section.
(14) 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this Section, the Town shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted on the final plat upon actual completion of the improvements depicted on the approved final plat. If financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted on the approved plat either on the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.
(15) 
When the developer has completed all of the required improvements, the developer shall notify the Town Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Town Engineer/Consultant.
(a) 
The Town Council shall, within 10 days after receipt of such notice, direct and authorize the Town Engineer/Consultant to inspect all of the required improvements.
(b) 
The Town Engineer/Consultant shall, thereupon, file a report, in writing, with the Town Council and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Town Engineer/Consultant of the authorization for inspection by the Town Council.
(c) 
The report shall be detailed and shall indicate approval or rejection of said improvements/amenities, either in whole or in part, and if said improvements/amenities, or any portion thereof, shall not be approved or shall be rejected by the Town Engineer/Consultant, said report shall contain a statement of reasons for nonapproval or rejection.
(d) 
The Town Council shall notify the developer, within 15 days of receipt of the engineer's report, in writing, by certified or registered mail, of the action of the Town Council with relation thereto.
(e) 
If the Town Council or the Town Engineer/Consultant fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released of all liability pursuant to its performance guaranty bond or other security agreement.
(f) 
If any portion of the said improvements shall not be approved or shall be rejected by the Town Council, the developer shall proceed to complete the same and upon completion, the same procedure of notification as listed above shall be followed.
(16) 
The Town Council may prescribe that the applicant or developer shall reimburse the Town of Bloomsburg for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Town when fees are not reimbursed or otherwise imposed on applicants.
(a) 
In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Town Council that such expenses are disputed as unreasonable or unnecessary, in which case the Town shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed engineer expenses.
(b) 
If, within 20 days from the date of billing, the Town Council and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Town Council shall jointly, by mutual agreement, appoint another professional engineer, licensed as such in the Commonwealth of Pennsylvania, to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(c) 
The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(d) 
In the event that the Town Council and applicant cannot agree upon the professional engineer to be appointed within the 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the 26th Judicial District (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Town Engineer/Consultant nor any professional engineer who has been retained by, or performed services for, the Town or the applicant within the preceding five years.
(e) 
The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Town shall pay the fee of the professional engineer, but otherwise the Town and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
(17) 
Before acting on any subdivision plat, the Town Council may hold a public hearing thereon after public notice.
(18) 
The Town Council, upon the recommendation of the Commission, shall act on any such preliminary plat not later than 90 days following the date of the regular meeting of the Town Council or the Planning Commission (whichever first reviews the application) following the date the application is filed; provided, that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed. In the event that any alteration of requirements from this Chapter is requested by the applicant or is deemed necessary by the Council/Commission for approval, the alteration and the reason for its necessity shall be entered in the records of the Council/Commission.
(19) 
The Town Council shall determine whether the final plat shall be approved, or disapproved, and shall notify the applicant in writing thereof, including, if approved with conditions or disapproved, a statement of reasons for such action not later than 15 days following the decision.
(20) 
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this Chapter.
(21) 
Failure of the Town Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. (A sample "Agreement to Extend the Time for Rendering and Communicating a Decision on Certain Preliminary and/or Final Subdivision Plans" is provided in Exhibit III.)
(22) 
No changes, erasures, modifications or revisions shall be made on any final plat of a subdivision or land development after approval has been given by the Town Council and endorsed, in writing, on the plat, unless the plat is first resubmitted to the Town Council.
(23) 
Upon the approval of a final plat the applicant or developer shall, within 90 days of such final approval, record such plat in the Office of the Recorder of Deeds of Columbia County. One recorded copy of the plat shall be transmitted to the Town by the applicant or developer.
(24) 
In accordance with § 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended, when an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
D. 
Final Plat; Specifications.
(1) 
The following shall be submitted as part of the application for review and approval of a final plat:
(a) 
Eleven copies and one sepia of the final plat in the form of a map or series of maps on sheets no larger than 24 inches by 36 inches, drawn to a scale not smaller than 100 feet to the inch and clearly labeled "Final Plat." When more than one sheet is required an index sheet of the entire subdivision or land development shall be shown on a sheet of the same size. The final plat shall be drawn in ink and shall show the following:
1) 
Primary control points or description and "ties" to such control points to which all dimensions, angles, bearings and similar data on the subdivision or land development plat shall be referred.
2) 
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots or parcels in unit, cooperative or condominium subdivisions and other sites with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
3) 
Locations and descriptions of survey monuments. All permanent reference monuments shown and described on the plat.
4) 
Name, address, telephone number and seal of the professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey (as defined herein.) (Example provided in Exhibit I.)
5) 
Certification of title showing that the applicant is the owner of the land, agent of the landowner or tenant with permission of the landowner. (Example provided in Exhibit I.)
6) 
Statement by the owner dedicating streets, rights-of-way and any sites for public uses which are to be dedicated. (Example provided in Exhibit I.)
7) 
Proposed protective covenants running with the land, if any.
8) 
Name, address and telephone number of the owner/applicant.
9) 
Streetlighting facilities, as applicable.
10) 
A location map on the plat (minimum scale one inch equals 1,000 feet) showing property location, streets and other pertinent information.
11) 
Number to identify each lot or parcel in unit, cooperative or condominium subdivisions and/or site.
12) 
Purpose for which sites other than residential lots or parcels in unit, cooperative or condominium subdivisions are dedicated or reserved.
13) 
Building setback lines on all lots or parcels in unit, cooperative or condominium subdivisions and/or sites.
14) 
Existing and proposed contours at vertical intervals as determined at the preliminary plat stage.
15) 
Names of record owners of adjoining unplatted land.
16) 
Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
17) 
A final stormwater management/erosion and sedimentation control plan pursuant to the rules and regulations of the Pennsylvania Department of Environmental Protection (Title 25, Part 1, Sub-Part C, Article II, Chapter 102 of the Pennsylvania Code) and evidence that any required erosion and sedimentation control permit has been issued. If an erosion and sedimentation control permit is not required, the applicant shall provide evidence that the stormwater management/erosion and sedimentation control plan has been reviewed and approved by the Columbia County Conservation district office. However, if the District Office does not desire to review the plan, the Town Council may, at its discretion, have the plan reviewed by the Town Engineer/Consultant and/or consultant. The review cost shall be paid by the applicant.
18) 
Prior to final approval of plat, where the proposed subdivision or land development abuts a State highway (Pennsylvania route or United States route), the applicant shall provide written evidence that the plat will be submitted to the Pennsylvania Department of Transportation for their review and concurrence with the proposed design for driveway access and drainage required for issuance of the Department's highway occupancy permits. Written evidence will be a note on the plat which should read, "No plat which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to § 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the State Highway Law, before driveway access to a State highway is permitted."
19) 
Approval blocks to be signed by the appropriate officers of the Planning Commission, Town Council and Town Engineer/Consultant. (Example provided in Exhibit II.)
20) 
Other Data. The final plat shall be accompanied by the following data and plans as prescribed by the Town Council or as required by the laws of the Commonwealth:
a) 
Profiles of streets and alleys showing grades.
b) 
Typical cross sections of each type of street, minor streets, collector, etc., showing the width of right-of-way, width of cartway, location and width of curbs and sidewalks, if required, and location and size of utility mains.
c) 
Plans and profiles of proposed sanitary and stormwater sewers, with grades and pipe size indicated and a plan of any proposed water distribution system showing pipe sizes and location of valves and fire hydrants.
d) 
Certificates of agreement to provide service from applicable utility companies.
e) 
In the case of subdivision and land development plans proposed for the sale of lots only, the subdivider shall include on the final plat a covenant with the land assuring the implementation of the erosion and sedimentation control plan by the lot owners.
f) 
A copy of the sewage plan revision module for land development" approved by the Pennsylvania Department of Environmental Protection in compliance with the requirements of the Pennsylvania Sewage Facilities Act and Chapter 71 of Title 25 of the Pennsylvania Code, as amended.
g) 
When any portion of the tract proposed for subdivision or land development is located within an identified flood district or floodplain area, the following information shall be required as part of the final plat and shall be prepared by a registered engineer or surveyor:
i. 
The exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any identified floodplain area or district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the floodplain areas and all be verified by the Town Engineer/Consultant.
ii. 
Submission of the final plat shall also be accompanied by all required permits and related documentation from the Pennsylvania Department of Environmental Protection and any other Commonwealth agency or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Pennsylvania Department of Community and Economic Development and the Federal Insurance Administration shall also be notified whenever any such activity is proposed.
h) 
A final stormwater management plan, approved by the Town Engineer/Consultant.
i) 
When applicable, a statement should be included on plat regarding the presence of wetlands. The statement should note that no development is proposed within wetlands or that the necessary approvals for the disturbance of wetlands have been obtained from the appropriate Federal and State regulating agencies. Disturbance of wetlands shall include, but not be limited to, filling, draining or building activities.
j) 
Where a private road or street is proposed or in existence as the proposed access for any lot or lots in the plan, the plan shall be accompanied by a maintenance agreement for said road or street, obligating all affected property owners.
k) 
Where surface stormwater drainage is to be carried offsite or outside the right-of-way of any existing or proposed street, the plan shall be accompanied by necessary drainage easement agreements.
l) 
Such other certificates, affidavits, endorsements or dedications as may be required by the Town Council in the enforcement of these regulations.